Child Injured at School or Daycare

Understanding the Legal Differences Between Public and Private Schools

According to Michael Joseph, the first step is understanding whether the injury occurred at a public or private school.

For public schools, strict deadlines apply. Parents have 90 days from the date of the accident to file a Notice of Claim, which is a legal document notifying the school district or municipality that a lawsuit may be filed.

Joseph warns that courts in New York have become much tougher about late filings. “You must file the notice on time and serve it on the correct entity,” he explains. “In New York City, for example, parents often make the mistake of filing with the City of New York when they should have filed with the Department of Education, which is a separate entity.”

If the notice isn’t filed correctly or on time, parents must ask the court for permission to file late—a request that’s now often denied. That’s why acting fast and filing the correct paperwork within 90 days is essential.

The Importance of Early Investigation

Early investigation is critical in school injury and playground accident cases. Joseph notes that some of the most common injuries include fractures, head injuries, and lacerations from unsafe playground equipment.

He explains that certain standards set by the U.S. Consumer Product Safety Commission dictate how playgrounds should be built and maintained. For example, there should be at least six inches of wood chips or proper matting to cushion a child’s fall. Equipment spacing and height are also regulated to prevent injuries from gaps or sharp edges.

When serious injuries occur, parents should contact an attorney immediately to document and measure the hazardous condition before it’s altered. “Once schools know an accident happened, they often fix the problem or add more safety materials,” Joseph says. “If you wait too long, critical evidence disappears.”

He also stresses the importance of photographing the area and checking for warning signs or age restrictions on equipment. For example, if younger children were allowed to play on equipment labeled for ages 12 and up, the school could be held liable.

Safety Responsibilities for Private Schools and Daycares

Private schools, daycares, and religious institutions are held to the same safety standards as public schools, but the Notice of Claim requirement does not apply. This means parents have more time to take legal action.

Still, these institutions must maintain safe conditions, including keeping fall protection materials in place, repairing worn chains or equipment, and making sure signage clearly indicates appropriate age ranges. “Even if the playground was safe when it was installed,” Joseph says, “schools must continue maintaining it as wear and tear occur.”

Sports, Playgrounds, and the Limits of Assumed Risk

When injuries occur during sports or recreational activities, the law distinguishes between assumed risks and negligence.

“Kids accept certain risks when they play sports—like contact in football or falling in basketball,” Joseph explains. “But they don’t assume risks outside the normal scope of the sport, such as being attacked in a locker room or playing on an unsafe field.”

Schools and coaches have a duty to provide proper supervision and to intervene if situations escalate. They’re also responsible for maintaining safe facilities. For example, if a child trips on damaged turf or falls on an unsafe trampoline structure, the school or venue may be held liable.

Joseph adds that trampoline parks and jump facilities often overlook safety around the edges, where surfaces are too hard and can cause severe injuries like fractures or torn ligaments. “You may accept the risk of jumping,” he says, “but you don’t accept the risk of landing on something that shouldn’t be there.”

Why Deadlines and Proper Filing Matter

Parents of injured children must understand that the clock starts ticking immediately after an accident. The Notice of Claim deadline applies not only to New York City schools but also to individual school districts across Long Island, Westchester, and other areas.

Michael Joseph advises a proactive approach: “If there’s any uncertainty about which entity to serve, serve them all. File with the town, the county, and the school district to protect your rights.”

With courts increasingly favoring municipalities and public agencies, missing a filing deadline can permanently prevent a claim.

Why the Legal Climate Has Shifted

Joseph believes the tougher stance from New York courts comes from changes in who’s on the bench. “We’re seeing more judges who previously worked as defense attorneys or for government agencies,” he says. “That shift has led to rulings that are more favorable to cities and school districts rather than to families.”

Overcoming Parents’ Hesitation to File Claims

Some parents hesitate to take legal action because their children still attend the school involved. Joseph acknowledges that concern but reassures families that retaliation is rare.

“In most cases, schools handle these matters professionally,” he says. “The city’s corporation counsel or outside lawyers usually handle the litigation, which is separate from the school’s day-to-day operations.”

In fact, many school staff members empathize with injured students and want safer conditions moving forward. Filing a claim not only helps the injured child but can also lead to improved safety standards for others.

What to Expect from a School Injury Attorney

Parents should seek an attorney who has specific experience handling municipal liability cases. According to Joseph, these cases involve multiple steps, including:

• Filing the Notice of Claim within 90 days.
• Attending a §50-h hearing before the lawsuit.
• Filing a Summons and Complaint within one year and 90 days (longer if the child is a minor).

A qualified attorney will have investigators and experts who can document the hazardous conditions and identify which safety standards were violated. “You want someone who knows how to prove the case, not just file it,” Joseph says.

Final Thoughts

Attorney Michael Joseph emphasizes that timing, evidence, and expertise make all the difference in school injury cases. Acting quickly—especially when a child suffers a serious injury—protects the family’s right to hold negligent parties accountable.

For more information or to connect with Michael Joseph directly, visit newyorktriallawyers.org to learn more about your legal options.